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Board considers requiring five members for hearings, to preserve continuity and fairness
Summary
Members discussed language that would require five members to hear contested hearings while preserving three as a quorum for other business; the board agreed to revisit and confirm placement of the rule after a legal cross‑check.
The Board of Appeals reviewed draft language intended to require a full five‑member panel for hearings (while keeping three as a quorum for routine business) to reduce the risk of interrupted hearings and preserve consistency in decisions.
Members debated operational impacts if a regular member who began hearing a case had to leave mid‑proceeding. Chair Ryan said the board should not permit a panel that began a hearing to complete a case without the same members present: "When a member starts a hearing, they have to hear the whole hearing," he said, prompting members to ask staff and legal counsel to confirm the draft's cross‑references. The board agreed to pin the specific continuity language and revisit it at the Nov. 14 follow‑up meeting with additional rule citations and Office of Law input.
